Abstract Social Welfare and Nutritious Meal Programme Department - Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014 — Rules notified — Orders issued. Social Welfare and Nutritious Meal Programme (SW5) Department G.0, (Ms) No.10 Dated: 21.02.2015 gu, wird 9 AGowire5ot ysin@ 2045 The appended notification will be published in the Tamil Nadu Government Gazette. (By order of the Governor) P.M.Basheer Ahamed Secretary to Government To The Works Manager, The Government Central Press, Chennai-600 079 (for publication in the Tamil Nadu Government Gazette) All Secretaries to Government, Chennai-600 009. All District Collectors ‘All Commissioner of Police/All District Superintendent of Police (Through Commissioner of Social Welfare) The Commissioner of Soctal Welfare, Chennai-600 032. The Director of Social Defence, Chennai-600 010. The Director cum Mission Director, Integrated Child Development Services Schemes, Chennai-600 113. The Chairperson, Tamil Nadu State Commission for Women, Chennai-600 002. Copy to: The Law Department, Chennai-600 009. The Hon'ble Chief Minister Office, Chennai-600 009. All Special Personal Assistant to Ministers The Personal Assistant to the Advisor, Tamil Nadu. Stock File / Spare copies WForwarded by Orderil A: Archon oo Officer2 APPENDIX NOTIFICATION. In exercise of the powers conferred by sub-section (1) of section 25 of the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014, the Governor of Tamil Nadu hereby makes the following rules:- Rules Chapter- | Preliminary 1. Short Title and Commencement.- (1) These rules may be called the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Rules, 2015. (2) It shall come into force on the date of its publication in the Tamil Nadu Government Gazette. 2. Definitions.- In these rules, unless the context otherwise requires,- (a) “Act” means the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014; (b) “Certificate of Registration” means registration order issued by the competent authority under rule 4; (c) "Competent Authority’ means the respective District collector ; (d) "Form" means a form appended to these Rules; (e) “Inmates” means women and children residing in the licensed or registered institutions like homes, hostels and lodging houses run by Government or Non-Governmental Organizations or Private or Religious Institutions or Factories or Enterprises etc., ; (f) “Licence” means a licence granted under section § of the Act; (g) ‘Non Governmental Organisation” means an institution which is registered either under the Indian Trusts Act, 1882 (CA 2 of 1882) or the Tamil Nadu Societies Registration Act, 1975 (TN Act 27 of 1975) or the Companies Act, 2013 (CA 18 of 2013) or the Juvenile Justice (Care and Protection of Children) Act, 2000 (CA 56 of 2000) or any other Act.Eat Chapter- Il Licensing of Hostels, Lodging Houses and Homes for Women and Children 3. Procedure for issue of licence.- (1) Any person desiring to establish, maintain or conduct hostel, lodging house or home for women and children and any person who is entitled to continue the hostel, lodging house or home for women and children under ‘sub-section (1) of section 6 of the Act shall make an application for licence in Form-l to the Collector. (2) Every application for licence shall be accompanied by a fee of %.3,000/- (Rupees Three thousand only) in Banker's cheque or Demand Draft drawn in favour of the Collector. (3) On receipt of an application for licence, the Collector shall cause an inspection of the institution with a team consisting of the following officers, within 20 days of the receipt of such application, namely:- () an officer not lower in rank than the District Social Welfare Officer or District Child Protection Officer or Project Officer, Integrated Child Development Services Scheme or District Differently Abled Welfare Officer ; (li) a representative from Health Department ; (iii) Personal Assistant (Accounts) to Collector ; and (iv) the Tahsildar or Deputy Tahsildar of the respective jurisdiction. (4) The inspection team shall submit its report in Form II within a week from the date of its constitution. (5) Upon receipt of the inspection report, the Collector may either grant a licence in Form Ill which will be valid for three years or reject the application: Provided that before rejection of the application for grant of licence the applicant shall be given an opportunity to make his submission, if any, against such rejection. (6) Renewal.- (i) Every application for renewal of the licence granted under sub-rule (5) shall be made to the Collector in Form | and shall be accompanied by fee of %.3000/- (Rupees three thousand only) in Banker’s cheque or Demand Draft drawn in favour of the Collector. (ii) An application for renewal shall be made not less than three months before the date of the expiry of the period of such licence: Provided that the Collector may allow such application after the expiry of the aforesaid period but before the expiry of the period of the licence, if he is satisfied that the applicant was prevented by sufficient cause from applying for renewal in time.4 (iil) The procedure for the renewal of the licence shall be the same as applicable to the issue of licence as specified in sub-rules (1) to (5). (7) Appeal.- Any person who is aggrieved by an order of the Collector refusing to grant a licence or cancelling or suspending a licence may appeal to the Government or such authority as may be specified by the Government in this behalf within fifteen days from the date of receipt of such order: Provided that the appellate authority may entertain an appeal after the expiry of the period specified above, if it is satisfied that the applicant was prevented by sufficient cause from preferring an appeal in time. Chapter-lll Registration of Hostel or Lodging House or Home for Women and Children 4, (1) Every home for women and children, by whatever name it is called, which is established, registered or maintained under any other law on or after the date of commencement of this Act, shall be registered under this Act within a period of six months from the date of such registration or establishment or maintenance as the case may be. (2) Every hostel or lodging House or home for women and children by whatever name it is called, which is in existence on the date of commencement of the Act and which has been established, registered or maintained under any other law shall be registered under the Act within six months from the date of commencement of these ules. Subject to the provisions contained in sub-section (5) of section 12 of the Act, those children homes, which have already been registered under the Juvenile Justice (Care and Protection of Children) Act, 2000 (CA 56 of 2000) shall also be registered under the Act. (3) If any hostel or lodging House or home for women and children, fails to apply for registration within the periods specified in sub-rules (1) and (2), action shall be initiated as per the provisions contained in sub-section (2) of section 20 of the Act (4) The owner or manager of every hostel or lodging house or home for women and children referred to in sub-sections (1) and (2) of section 12 of the Act shall make an application for registration to the Collector in Form IV. The collector on being satisfied that an institution has complied with the provisions of the Act and these rules as regards registration, shall issue a certificate of registration in Form V. (6) The Collector shall, after issue of certificate of registration to a hostel or lodging house or home for women and children, enter in a register regarding the particulars of the name of institution, address, number and date of registration certificate issued, validity of the registration certificate in Form VI.5 Chapter - IV Appointment of Manager or Resident Manager 5. Appointment of manager or resident manager.- (1) Every person, who is appointed as manager or resident manager shall produce a certificate of fitness before appointment, in Form VII from a Medical officer not below the rank of a Civil Surgeon. (2) The manager or resident manager shall ensure accommodation facilities with an average space norms of 40 sq.ft. per child and 120 sq.ft. per woman. (By order of the Governor) P.M.Basheer Ahamed Secretary to Goverment Forwarded by Orderi/ we 1A oe oun" Officer6 APPENDIX Form-! [See rules 3 (1), 3(6)] Application Form for Licence and Renewal of Licence 1. ‘Name of the institution and address Phone number Fax E-mail 2. Place of the institution () Registered place Gi) Current place 3. | Nature of the home [hostel or lodging house or home for women and children] 4.__| Name and address of the contact person 5. _| Details of the governing body (managing committee/executive committee) 6. | Under which act the registration is made (i) number, date and place of registration (ii) If renewed, the renewal details 7. Number of inmates admitted / to be admitted in the institution. 8, | Total number of girls or boys or women (i) Gils (ii) Boys (iil) Women 9, | Infrastructure available in the hostel or lodging house or home for women and children.- (i) Total area of the campus. (i) Total living area of the bullding including the living area provided to each inmate, kitchen, dining hall, store room, sick room, first aid room, library, separate bathrooms and tollets for girls and boys, officer room, manager or resident manager or warden or care taker's / care giver’s room. (iii) Plinth area of each floor of the building. (iv) Number of floors. (v) Play ground.7 (vi) Details of bullding available for academic programme with specifications. (vii) Details of facilities available for (i) vocational * (li) Socio-cultural recreational # (ill) Eco friendly ** programmes with specifications. (viii) Building stability certificate and sanitation certificate obtained either from Public Works Department / Registered Chartered Engineer*/ Registered Chartered Architect* (mention the year specifically). (x) Certificate from Fire Service and Rescue Department. * Tailoring, embroidery, printing, maintenance of electrical and electronic appliances, motor mechanism, carpentry, plumbing and any other non hazardous items with the permission of concerned district Collector. # Teaching musical instruments, yoga, dance, gymanastics, arts and painting, cookery, games like cricket, tennis, football, basketball, badminton, chess, carom and other indoor ‘and outdoor games except swimming. “* Gardening, treo planting, waste management, landscaping, bio-composting and any other non hazardous items with the permission of concerned district Collector. as prescribed in Form Vill. (i) Number of rooms allotted for girls in the age group of 5 to 10 (ii) Number of rooms allotted for girls in the age group of 14 to 18 (Number of rooms allotted for boys in the age group of 5 to 10 (ii) Number of rooms allotted for boys in the age group of 11 to 18 Number of rooms allotted for women Details of the manager / resident manager/ care taker's or care giver’s / warden (men or women) appointed in the institution. Name Age Educational qualification Date of joining Appointed by whom Salary Medical certificate Conduct certificate Details of entry and exit points in the institution8 75. | Details of security person appointed in the institution. (@) Name (ii) Age (ii) Educational qualification (iv) Date of joining (v) Salary (vl) Medical certificate (vii) Conduct certificate 16. | (i) Specify locations where the CCTV cameras have been installed. (li) If not installed, action taken to install the same. 17. | Details of menu provided 18. | Delails of rooms allocated for manager or resident manager or warden or caretaker / care giver or security persons. 79, | Details of the compound wall built around the institution. 7 20. | Bathroom /tollet facilities provided. 21. | Details of the children going to schoois 22. | The amount collected_from parents. 23. | Details of registers maintained in the institution 24. | Details of the visitors room and visiting hours. 25. | Details of the supervision of the visitors during the visiting hours. 26. | Details of the supervision when the inmates are going on holidays or leaving the hostel or lodging house or home for women and children. 27. | Details of the identity cards issued to the warden or caretaker / care giver or security persons by the institution. 28. | Details of the photo identity cards issued to the parents or guardians by the institution 29. | Details of the mobile number of warden or caretaker / care giver or secutity persons displayed on the entrance. 30. | Details of the child help line number 1098 displayed in_the institution, 34. |The details and phone number of the institution registered in district website. 32. | The details of the inmates registered In track child website. 33. | The details of review meeting and resolution taken by the Non-Governmental Organization for past two months.9 34, | Audit statement details for the past three years done by the chartered accountant. 35. | Annual turnover 36. | Foreign Contribution Regulation Act details 37. | Bank account number Bank_name and_branch 36. | Other facilities (i) Medical facilities. (i) Other social activities run by the institution. 39. | Linkage with other institution detail Name of the institution and help received from thom (i) Food (ii) Recreation facilities (iil) Medical facilities (iv) Technical education (v) Yoga and meditation (vi)Others | declare that the facts mentioned above is absolutely true to the best of my knowledge. Place : Signature of the Applicant Date & Seal:10 Form-ll [See rule 3(4) ] Inspection Report Name of the institution and address Phone number Fax E-mail Place of the institution (i) Registered place (ii) Current place Nature of the home: [hostel or lodging house or home for women and children] Name _and address of the contact person ols) Details of the governing body (managing committee/executive committee) Under which Act the registration is made (i) number, date and place of registration (i) Ifrenewed, the renewal details Number of inmates admitted / to be admitted in the institution. Total number of gitls or boys or women (i) Girls (ii) Boys —_Gii)Women : Infrastructure available in the hostel or lodging house or home for women and children~ ()) Total area of the campus. (ii) Total living area of the building including the living area provided to each inmate, kitchen, dining hall, store room, sick room, first aid room, library, separate bathrooms and toilets for girls and boys, officer room, manager or resident manager or warden or care taker’s / care giver’s room. (li) Plinth area of each floor of the butlding. (iv) Number of floors. (v) Play ground (vi) Details of building available for academic programme with specifications.1 (vil) Details of facilities available for (i) vocational * (ii) Socio-cultural recreational * (ii) Eco friendly ** programmes with specifications. (viii) Building stability certificate and sanitation certificate obtained either from Public Works Department / Registered Chartered Engineer*/ Registered Chartered Architect” (mention the year specifically). (ix) Certificate from Fire Service and Rescue Department. * Tailoring, embroidery, printing, maintenance of electrical and elecironic appliances, motor | mechanism, carpentry, plumbing and any other non hazardous items with the permission of concerned district Collector. # Teaching musical instruments, yoga, dance, gymanestics, arts and painting, cookery, games like cricket, tennis, football, basketball, badminton, chess, carom and other indoor and outdoor games except swimming. ** Gardening, tree planting, waste management, landscaping, bio-composting and any other non hazardous items with the permission of concerned district Collector. *as prescribed in Form Vil. 10. | (i) Number of rooms allotted for gis in the age group of 5 to 10 (ji) Number of rooms allotted for gitls in the age | group of 11 to 18 fe Hee 14. | @ Number of rooms allotted for boys in the age group of 5 to 10 (ii) Number of rooms allotted for boys in the age group of 11 to 18 42. _ | Number of rooms allotted for women 73. | Details of the manager / resident manager/ care taker's or care giver's / warden (men or women) appointed in the institution. (i) Name (ii) Age (il) Educational qualification (iv) Date of joining (v) Appointed by whom (vi) Salary (vil) Medical certificate (vil) Conduct certificate a 14. Details of entry and exit points in the institution 75. _ | Details of security person appointed in the institution. () Name (i)__Age